96 So. 184 | Ala. | 1923
In order to establish a lien upon the property it was essential for the complaint to aver the owner or proprietor of same. Sanitary Plumbing Co. v. Simpson,
We do not think that the counts were subject to the other grounds of demurrer, though the same could have more properly averred that the land was "not in a city, town or village," as set forth in section 4754 of the Code, rather than "in the country." We think, however, as the term "country" is used in the complaint it excludes the idea that the property is in a city, town, or village. It is evident the lawmakers did not intend "country" and "village" to mean the same, else "village" would not have been expressed with city and town as not being in the country.
The judgment of the circuit court is affirmed.
Affirmed.
SAYRE, GARDNER, and MILLER, JJ., concur. *409